Human Rights Flashcards
Freedom of Expression
Everyone has the right to freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind in any form.
A contest for the truth
The implicit assumption here is that there is not a moral contest between the truth. Truth is powerful, and once it comes onto collision with lies, then truth will be triumphant.
Political Context
We should have our say. We should have proper information from both parties in a political fight, so we can make up our own minds.
Individual Self - Fulfilment
If we are able to express ourselves freely, it helps to create a functioning democracy. Our views need to matter.
Preventing Injustice
Example: prison guards have to pass along prisoners messages, because prisoners have a freedom of expression.
Limits on the Freedom
Legal, Social and Government imposed limits.
Consequence
The idea that you have a right to freedom of expression free of consequence is nonsense. Nothing comes for free.
Rights.
Rights are political claims. They are a specific type - something that should be privileged in a certain way.
Human rights represent liberty
The way the state put restrictions on us.
Human rights represent equality
All human beings enjoy the same rights.
Human rights represent fraternity
We all enjoy a protection of our common rights.
New Zealand Bill of Rights Act 1990
Ordinary statute, which can be repealed or amended by Parliamentary action. It recognises Parliamentary sovereignty.
A ‘Bill of reasonable rights’
Provides that rights can be breached if there is a reasonable justification.
NZBORA Section 7
Attornery General has to write to Parliament about a breach of rights, if the legislation passed by Parliament hasn’t considered NZBORA.
Rights in Court
Courts do not sometimes uphold our rights.
Declaration of Inconsistency
Parliamentary sovereignty is the most important, however Parliament is aware that they are breaching NZBORA and send a written statement.
Overview
Section 4 - Legislative Guidance
Section 5 - Presumption of consistency
Section 6 - Reasonable limits
Section 4
Legislation can override rights. Parliament is sovereign, but if it acts inconsistent, it can be applied repeal.
Parliament is held accountable to us of any breaches of rights it makes.
Section 5
Some rights in NZBORA are absolute, but not all of them.
1. There must be legal authority for the limit.
2. The limit must be reasonably justifiable in a free and democratic society.
Section 6
Consistency in interpretation within protected rights if at all possible. We take the meaning that is most consistent with the protected right.
Hansen Test
- Identify the purpose of the legislation.
- Assess compatibility with rights.
- Interpret in a rights-compatible manner.
Remedy? Public Law.
The way in which the State does something has always been structured around remedies. How can we fix something?
Baigent’s Case
Police received a tip that cannabis was being sold from a certain address. They raided the wrong house and the homeowner believed that her right to privacy had been breached.
Damages.
Damages is available if the Government breaches your rights.
Breach
Whenever there is a breach of the Bill of Rights, the Courts will find a suitable remedy for you.
Supreme Court
A breach requires a remedy which is implied in the Bill of Rights.
Parliament
They do not have to change legislation after a declaration, because of Parliamentary Supremacy.
